What to Expect During Removal Proceedings

By
Ashley Foret Dees, LLC
|September 05, 2017

If you’re an
immigrant, you understand what’s at stake if you are officially removed from
the United States. The
process of removal begins with a letter in the mail—the Notice to Appear (NTA). The
NTA informs the recipient the U.S. government is seeking his or her removal
from the country. If you find yourself in this situation, the best way
to prepare for what’s to come is to be fully informed of what might happen.

Proof by Government Required

First of all, NTA is a list of allegations the government must prove about
you in order for you to be
deported. For example, if you are here on a student visa, the NTA might assert
that you did not actually attend school, making you lose your student
status and be eligible for deportation.

The NTA also likely has a hearing date, which is when you need to appear
in court in front of an immigration judge. If you don’t show up
at that time, you will be ordered removed in your absence. The initial
hearing is called a master calendar hearing, which usually only lasts
a few minutes. In the meeting, a judge will introduce your case and your
defense to the court.

Allegations and Charges in Court

In the first master hearing, a judge will ask you to reply guilty or not
guilty to the allegations and charges. The judge might schedule an additional
hearing so that the government can attempt to prove its accusations against you.

If the government has already done so, the judge will call for an "individual
hearing," in which the judge will listen to your application for
relief from removal. The individual hearing lasts longer than the master
calendar hearing, as it is the time when the judge will evaluate all of
the evidence from both sides.

Final Decision and Appeals

Once the hearing has concluded, the judge will announce a decision about
whether or not a removal order will be placed against you. You can appeal
the decision if it is not in your favor; the government can do the same
if they lose the case. Appeals must be filed within 30 days of a judge’s
decision, and will grant you an "automatic stay," meaning that
you cannot be deported until the appeals process has been resolved.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.